HomeMy WebLinkAbout88-200B - Resolutions RESOLUTION NO. 88-2008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MAP
MODIFICATION TO ALLOW A TEMPORARY ON-SITE DETENTION BASIN
OF APPROXIMATELY 170,000 SQUARE FEET FOR APPROVED
TENTATIVE TRACT MAP NO. 13527 OF 201 SINGLE FAMILY LOTS
ON 51.6 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-
4 DWELLING UNITS PER ACRE) , LOCATED NORTH OF 24TH STREET
AND WEST OF ETIWANDA AVENUE, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 225-071-65
A. Recitals.
(i) On September 28, 1988, The Planning Commission adapted
Resolution No. 88-200, thereby approving, subject to specified conditions,
Tentative Tract 13527.
(ii) On February 28, 1991, a request was filed by Watt Inland Empire,
Incorporated, to modify the Tentative Map to allow a temporary on-site
detention basin.
(iii) The request resulted from comments from the San Bernardino
County Flood Control District regarding drainage into the Etiwanda Creek
Spreading Grounds.
(iv) On March 27, 1991, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and concluded said hearing on that date.
(v) All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on March 27, 1991, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The modification request applies to property located at the
northwest corner of Etiwanda Avenue and 24th Street within the Low Residential
District (2-4 dwelling units per acre) ; and
PLANNING COMMISSION RESOLUTION NO. 88-200B
TT 13527 - WATT INLAND EMPIRE
MARCH 27, 1991
PAGE 2
(b) The property to the north of the subject site is Low
Residential with an approved tentative tract 14139 (vacant) , the property to
the south of that site is designated Very Low Residential and is a partially
constructed tract 12659, the property to the east is County zoned R-2 and is
vacant, and the property to the west is designated for open space uses and is
presently vacant.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows:
(a) That the previously approved tentative tract is consistent
with the General Plan, Development Code, and specific plans; and
(b) The design or improvements of the tentative tract is
consistent with the General Plan, Development Code, and specific plans; and
(c) The site is physically suitable for the type of development
proposed; and
(d) The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to humans and wildlife
or their habitat; and
(e) The tentative tract modification is not likely to cause
serious public health problems; and
(f) The design of the tentative tract will not conflict with
any easement acquired by the public at large, now of record, for access
through or use of the property within the proposed subdivision.
4. This Commission hereby finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970 and, further, this Commission hereby issues a Negative
Declaration.
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby approves the modification
application subject to each and every condition set forth below.
Planning Division:
(1) The proposed on-site detention basin shall be reviewed and
approved by the Design Review Committee for landscaping and
screening issues prior to the issuance of building permits for
any phase of Tentative Tract 13527.
PLANNING COMMISSION RESOLUTION NO. 88-200B
TT 13527 - WATT INLAND EMPIRE
MARCH 27, 1991
PAGE 3
(2) Pursuant to provisions of California Public Resources Code
Section 21089 (b) , this application shall not be operative,
vested or final, nor will building permits be issued or a map
recorded, until (1) the Notice of Determination (NOD) regarding
the associated environmental action is filed and posted with the
Clerk of the Board of Supervisors of the County of San
Bernardino; and (2) any and all required filing fees assessed
pursuant to California Fish and Game Code Section 711.4,
together with any required handling charges, are paid to the
County Clerk of the County of San Bernardino. The applicant
shall provide the Planning Department with a stamped and
conformed copy of the NOD together with a receipt showing that
all fees have been paid.
In the event this application is determined exempt from such
filing fees pursuant to the provisions of the California Fish
and Game Code, or the guidelines promulgated thereunder, except
for payment of any required handling charge for filing a
Certificate of Fee Exemption, this condition shall be deemed
null and void.
Engineering Division:
(1) The design of the temporary on-site detention facilities shall
be justified by a final drainage report and approved by the City
Engineer. These temporary detention facilities are to remain
until such time as drainage/detention facilities may be
constructed within the San Bernardino County Flood Control
District Etiwanda Creek Spreading Grounds. Upon authorization
of the Flood Control District allowing the commencement of
design and construction, the Developer shall diligently pursue
approval of design and construction of drainage/detention
facilities to the satisfaction of the City Engineer. The
temporary on-site detention facilities shall be regraded to
accommodate the subdivision immediately upon completion and
acceptance of the drainage/detention facilities within the
Etiwanda Creek Spreading Grounds. An agreement shall be
executed and security posted to the satisfaction of the City
Engineer and the City Attorney guaranteeing: (a) private
maintenance of the temporary detention facilities, but providing
the City with the right-of-access to maintain the facility if
the private maintenance is insufficient and allowing the City a
means to recoup the cost, (b) the design and construction of the
necessary drainage/detention facilities within the Flood Control
District Etiwanda Spreading Grounds, (c) the design and
construction of the permanent outlet from the 24th Street Drain
into the Flood Control District Etiwanda Spreading Grounds, and
(d) regrading of the temporary detention facilities.
PLANNING COMMISSION RESOLUTION NO. 88-2008
TT 13527 - WATT INLAND EMPIRE
MARCH 27, 1991
PAGE 4
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF MARCH 1991.
PLANNING CO SSION OF THE CITY OF RANCHO CUCAMONGA
_ r
BY: - , �.i_ / t
arry • Niel, Chairman
AV
ATTEST: d- 4/ j
:ra 'Eer, 'r ary
I, :rad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 27th day of March 1991, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE